Real Estate/Development,
Appellate Practice
May 8, 2020
The virus on appeal, part 4
My prior columns on this topic suggested that a commercial tenant who fails to pay the rent because the corona virus undermined his business might have a viable defense, called frustration of purpose. My discussion assumed that the lease was silent on the question of which party must bear the loss — the landlord or the tenant.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
My prior columns on this topic suggested that a commercial tenant who fails to pay the rent because the corona virus undermined his business might have a viable defense, called frustration of purpose. My discussion assumed that the lease was silent on the question of which party must bear the loss -- the landlord or the tenant.
Now, however, let's break the silence and assume that the Jack-Jill lease does in...
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